HomeMy WebLinkAboutOrd 2005-3005
ORDINANCE NO. 3005
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE IS, CHAPTER 15.04 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO EXCAVATION,
GRADING AND FILLS AS IT RELATES TO
IMPLEMENTATION OF THE MSCP SUBAREA PLAN
WHEREAS, the Multiple Species Conservation Program (MSCP) Subregional Plan was
developed as a comprehensive, long-term habitat conservation plan which addressed multiple
species and the preservation of natural habitat within a 900 square-mile study area in south San
Diego County; and
WHEREAS, MSCP Subregional Plan contemplated that local jurisdictions, including the
City of Chula Vista (City), would participate in the MSCP Subregional Plan and seek federal and
state take authorization by adopting a subarea plan consistent with the conservation strategies
contained in the MSCP Subregional Plan; and
WHEREAS, the City prepared and submitted a Draft MSCP Subarea Plan to the U.S.
Fish and Wildlife Service and the City of San Diego in August, 1996, for inclusion in the Draft
MSCP Subregional Plan and for consideration by the lead agencies in their environmental review
of the Draft MSCP Subregional Plan; and
WHEREAS, as lead agencies for the Multiple Species Conservation Program (MSCP)
Subregional Plan, the U.S. Fish and Wildlife Service and the City of San Diego prepared and
certified a Final Environmental Impact Report/Environmental Impact Statement for the Issuance
of Take Authorizations for Threatened and Endangered Species due to urban growth within the
Multiple Species Conservation Program (MSCP) planning area (Final EIRlEIS) in January, 1997
and adopted the Final MSCP Subregional Plan in August, 1998; and
WHEREAS, as a responsible agency, the City of Chula Vista (City) participated in the
preparation of the Final EIRlEIS through consultation and comment; and
WHEREAS, after the adoption of the MSCP Subregional Plan, the City, and the U.S.
Fish and Wildlife Service and the California Department of Fish and Game (hereinafter referred
to as the Wildlife Agencies) further negotiated a number of aspects of the 1996 Draft Subarea
Plan, including but not limited to, the refinement of the conditions of coverage for covered
projects, the type and extent of protection for narrow endemic species, the amount and type of
public facilities and infrastructure to be allowed in the Preserve, and an acceptable configuration
for the university site adjacent to the Preserve; and
WHEREAS, following a review by the Wildlife Agencies and public comment period,
the City issued a draft MSCP Subarea Plan dated September 11, 2000, and a Draft Implementing
Agreement dated September 20, 2000, to the Wildlife Agencies and the general public; and
Ordinance No. 3005
Page 2
WHEREAS, on September 22, 2000, the City submitted to the U.S. Fish and Wildlife
Service an application for a Section lO(a)(I)(B) permit for incidental take pursuant to the U.S.
Endangered Species Act of 1973, as amended, and submitted to the California Department of
Fish and Game an application for a take authorization permit pursuant to Section 2835 of the
California Endangered Species Act, with both applications including the Draft MSCP Subarea
Plan dated September 11, 2000, and a Draft Implementing Agreement dated September 20,2000;
and
WHEREAS, the Planning Commission and the City Council set the time and place for a
joint hearing on said project and notice of said hearing, together with its purpose, was given by
its publication in a newspaper of general circulation in the City at least 10 days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised on October 17,
2000, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and City
Council; and
WHEREAS, approval of the MSCP Subregional Plan and adoption of the Chula Vista
MSCP Subarea Plan dated September 11,2000 were discretionary actions covered by the Final
EIRlEIS, and therefore, as a responsible agency, the City had a more limited role than does a
lead agency under the California Environmental Quality Act (CEQA); and
WHEREAS, the City prepared an Addendum dated September 11, 2000, pursuant to
CEQA Guidelines section 15164 to fulfill the City's obligations as a responsible agency; and
WHEREAS, the City issued Findings of Fact for each of the significant environmental
effects of implementing the Chula Vista MSCP Subarea Plan, dated September 11, 2000, in
conformance with the CEQA and the CEQA Guidelines, which enabled the City to make full use
of the Final EIRlEIS and the Addendum [CEQA Guidelines, sections 15101, 15093 and 15096,
subd. (h)]; and
WHEREAS, the City considered the Final EIRlEIS prepared by the lead agency together
with the Chula Vista MSCP Subarea Plan dated September 11, 2000 and the Draft Implementing
Agreement dated September 20, 2000, and reached its own conclusion about whether and how to
approve the MSCP Subregional Plan and the Chula Vista MSCP Subarea Plan dated September
11,2000; and
WHEREAS, the City also prepared an MSCP Mitigation and Implementing Agreement
Monitoring Program For Biological Resources dated October 12, 2000, in compliance with
Public Resources Code section 21081.6, subd. (a)(I); and
WHEREAS, the City Council reviewed and considered the Final EIRlEIS prepared and
certified by the U.S. Fish and Wildlife Service and the City of San Diego in January, 1997, the
Addendum to the Final EIRlEIS (October 2000), the Findings of Fact and Statement of
Overriding Considerations, and the MSCP Mitigation and Implementing Agreement Monitoring
Program for Biological Resources (October 2000) and found that the documents were prepared
in accordance with the requirements of CEQA, the CEQA Guidelines, and the Environmental
Review Procedures of the City of Chula Vista, and also found that the Final EIRlEIS (January
1997) and Addendum to the Final EIRlEIS adequately addressed the environmental impacts of
the MSCP Subregional Plan and the Draft Chula Vista MSCP Subarea Plan, dated September II,
2000; and
Ordinance No. 3005
Page 3
WHEREAS, on October 17, 2000, the City Council approved the MSCP Subregional
Plan dated August, 1998, as the framework plan for the Chula Vista MSCP Subarea Plan;
conditionally adopted the MSCP Subarea Plan, dated September I I, 2000, and the Mitigation
and Implementing Agreement Monitoring Program for Biological Resources dated October,
2000; and
WHEREAS, subsequent to the City Council conditional approval on October 17, 2000,
the City decided to make further changes to the Draft MSCP Subarea Plan, dated September II,
2000, including but not limited to additional infonnation not previously available about the
Quino checkerspot butterfly, a federally listed endangered species. The City believed it was
prudent to add coverage for the Quino checkerspot butterfly into the draft MSCP Subarea Plan
prior to the Subarea Plan and associated implementing documents being published in the Federal
Register; and
WHEREAS, since October 2000, changes to the Draft MSCP Subarea Plan have been
made as necessary to complete a final Draft MSCP Subarea Plan, including: I) measures to
provide coverage for the Quino checkerspot butterfly, 2) the preparation of three implementing
ordinances, 3) final revisions to the Implementing Agreement, 4) conservation of additional
lands not previously anticipated to be preserved, and 5) other revisions to address unresolved
issues including, but not limited to, changed circumstances, wetlands, and funding for long term
management; and
WHEREAS, the City detennined that as part of the implementation of the MSCP Subarea
Plan, the City of Chula Vista General Plan would be amended to incorporate the MSCP Subarea
Plan as a separate element of the General Plan; and
WHEREAS, the City has prepared a Supplemental Environmental Impact Report and
Environmental Assessment No. 03-01 to address all of the changes to the revised final Draft
MSCP Subarea Plan; and
WHEREAS, on October 8, 2002, the City submitted a revised application to the Wildlife
Agencies for a Section I O(a)(l )(B) pennit for incidental take pursuant to the U.S. Endangered
Species Act of 1973, as amended, and submitted to the California Department ofFish and Game
an application for a take authorization pennit pursuant to Section 2835 of the California
Endangered Species Act, with all of the required application materials including the Draft
Supplemental EIR and EA, the revised Draft MSCP Subarea Plan, the revised Draft
Implementing Agreement, and Draft Implementing Ordinances (referred to herein cOllectively as
implementing documents); and
WHEREAS, on October 10,2002 a Federal Register notice was published commencing a
60-day public comment period on the Incidental Take Applications, Public Review Draft MSCP
Subarea Plan, dated October 2002, implementing documents and associated environmental
documents. A public notice was also published on October II, 2002 announcing the availability
of the Draft SEIR and EA to meet the requirements of the California Environmental Quality Act;
and
Ordinance No. 3005
Page 4
WHEREAS, public review of the Draft MSCP Subarea Plan and implementing
documents closed on December 9, 2002. The City received 12 letters of comment from the
public and has prepared responses to the comments and made changes to the Public Review
Draft MSCP Subarea Plan, dated October 2002 and implementing documents, and has prepared a
final City of Chula Vista MSCP Subarea Plan, dated February 2003, Draft Implementing
Agreement, dated February 2003; and final draft implementing ordinances; and
WHEREAS, the Planning Commission set the time and place for a public hearing on said
project and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised on April 23, 2003 in
the Council Chambers, 276 Fourth Avenue, before the Planning Commission; and
WHEREAS, the Planning Commission recommended to the City Council the approval of
the MSCP Subarea Plan and associated implementing documents; and
WHEREAS, the City Council set the time and place for a public hearing on said project
and notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the City at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised on May 13, 2003 in
the Council Chambers, 276 Fourth Avenue, before the City Council; and
WHEREAS, the conditional adoption of the Chula Vista MSCP Subarea Plan, dated
February 2003 and associated implementing ordinances will not constitute a binding set of
obligations on any public or private entity within the City ofChula Vista unless and until: I) the
U.S. Fish and Wildlife Service issues a biological opinion wruch affirms and is consistent with
the conservation strategies in the Chula Vista MSCP Subarea Plan, dated February 2003 and the
Draft Implementing Agreement, dated February 2003, 2) take permits and its conditions are
issued by both Wildlife Agencies that are consistent with the Chula Vista MSCP Subarea Plan,
dated February 2003, and Draft Implementing Agreement, dated February 2003, and 3) the City
and Wildlife Agencies approves and executes the Implementing Agreement substantially in the
form of the Implementing Agreement, dated February 2003; and
WHEREAS, the City Council considered the Supplemental EIR and EA at its hearing of
May 13, 2003 and adopted the Chula Vista MSCP Subarea Plan (dated February 2003) with said
conditions; and
WHEREAS, implementation of the MSCP Subarea Plan adoption of three MSCP
Implementing Ordinances, including the Habitat Loss and Incidental Take Ordinance, the Otay
Ranch Grazing Ordinance and revisions to the Excavation, Grading and Fills Ordinance. These
ordinances will only take effect after issuance of the take permits and the necessary timelines for
ordinances pursuant to the City Charter have passed.
NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
- - - ---- --------.----------,....--------------.--
Ordinance No. 3005
Page 5
Section 1. That Chapter 15.04 of the Chula Vista Municipal Code is hereby amended to
read as follows:
EXCA V A TION, GRADING, CLEARING, GRUBBING AND FILLS
Sections:
15.04.005 Purpose and intent of provisions.
15.04.010 Definitions.
15.04.015 Permit required for all land development work and soil investigations.
15.04.017 Other Required Permits.
15.04.020 Compliance with conditions and specifications required-Deviations from
standards permitted when.
15.04.025 Provisions not to affect other code requirements.
15.04.030 Facilities within public rights-of-way - Assignment of costs.
15.04.035 Commencement and completion of work - Extension of time.
15.04.040 Slopes - Design requirements generally.
15.04.045 Building pads - Design requirements.
15.04.050 Embankment requirements - Soil engineer may be required.
15.04.055 Expansive soil grading requirements.
15.04.060 Landscaping and irrigation system.
15.04.065 Slopes - Tops and toes to be rounded.
15.04.070 Slopes - Blending into existing terrain.
15.04.075 Slopes - Horizontal slope rounding.
15.04.080 Preservation of existing monuments.
15.04.085 Work in conjunction with subdivision of property - Requirements generally.
15.04.090 Work in conjunction with subdivision of property - Standard land development
permit - Requirements.
15.04.095 Work in conjunction with subdivision of property - Contract for completion of
improvements - Requirements-Bonds.
15.04.100 Building construction - Land development permit required - Prerequisite to
building permit.
15.04.105 Damaged or disused public improvements - Notification - Corrective action
required.
15.04.110 Public to be protected from hazards during construction - Fences and barricades
required when.
15.04.115 Safety precautions.
15.04.120 Fence specifications - Modification permitted when.
15.04.125 Noncompliance.
15.04.130 Modification of approved plans.
15.04.135 Responsibility of permittee - Compliance with plans and requirements.
15.04.140 Completion of work - Final reports.
15.04.145 Notification of completion.
15.04.150 Exemptions ITom applicability designated.
15.04.155 Contractor-Qualifications required.
15.04.160 Work to be performed by licensed contractor.
Ordinance No. 3005
Page 6
15.04.165 Inspection ofland development work -Responsibility therefore.
15.04.170 Transfer of responsibility for approval.
15.04.175 Plans and reports to be prepared by engineers.
15.04.180 Private contract performance bond - Required when-Issuance conditions
generally.
15.04.185 Private contract performance bond - Conditions - Notice of default - Contents-
Effect.
15.04.190 Private contract performance bond-Principal or surety liable for cost of
completing work when.
15.04.195 Private contract performance bond - Liability of City for performance of certain
work.
15.04.200 Private contract performance bond - Cash deposit accepted in lieu when - Default
correction procedure.
15.04.205 Private contract performance bond - Not required when.
15.04.210 Private contract performance bond-Required from certain contractors when -
Exception.
15.04.215 Private contract performance bond - Conditions - Compliance with certain terms
and provisions required.
15.04.220 Private contract performance bond - Method of estimating amount - Schedule.
15.04.225 Release ofbonds/security.
15.04.230 City Engineer - Enforcement responsibility and permit issuance authority.
15.04.235 City Engineer - Powers and duties generally.
15.04.240 City Engineer - Authority to determine applicable fees.
15.04.245 City Engineer - Duty to consider certain recommendations and deny certain
applications.
15.04.250 City Engineer - Grounds for canceling permit or amending plans.
15.04.255 Appeals - Authorized when - Determination authority.
15.04.260 Appeals - Time limit for filing-Form.
15.04.265 Permits - Application-Procedure generally - Detail plan required.
15.04.270 Permits - Application-Detail plans and specifications required.
15.04.275 Permits - Issuance - Prerequisites and contents.
15.04.280 Investigations authorized and required when - Fee.
15.04.285 Agreement required for uncontrolled embankments - Additional specifications.
15.04.290 Fees - Collection - Method of estimation - Verification - Payment required -
exemptions.
15.04.295 Fees-Schedule for computation.
15.04.305 Fees - To be doubled in certain cases - Effect of imposition.
15.04310 Violations - Declared unlawful and public nuisance - Abatement authority.
15.04.315 Abatement of dangerous conditions.
15.04.320 Emergency abatement by City - Liability for costs.
15.04.325 Costs of abatement - Special assessment procedure - Statutory authority.
15.04.326 Conflicts.
15.04.005 Purpose and intent of provisions.
Ordinance No. 3005
Page 7
The purpose of this chapter is to establish minimum requirements for land development
work to provide for the issuance of permits and for the enforcement of the requirements. These
provisions are supplementary and additional to the subdivision and zoning regulations of this
code and shall be read and construed as an integral part of said regulations and the land
development patterns and controls established thereby. It is the intent of the City Council to
protect life and property and promote the general welfare; enhance and improve the physical
environment of the community; and preserve, subject to economic feasibility, the natural scenic
character of the city. In administering these provisions, the following goals should be respected:
A. Ensuring that future development oflands, particularly in the hilly areas of the city, occurs
in the manner most compatible with surrounding areas and so as to have the least adverse effect
upon other persons or lands, or upon the general public;
B. Ensuring that soil will not be stripped und removed from lands in the more scenic parts of
the city, leaving the same barren, unsightly, unproductive, and subject to erosion and the hazards
of subsidence and faulty drainage;
C. Encouraging the planning, design and development of building sites in such fashion as to
provide the maximum in safety and human enjoyment, while adapting development to and taking
advantage ofthe best use ofthe natural terrain;
D. Encouraging and directing special attention toward the retaining, insofar as practical, the
natural planting and a maximum number of existing trees;
E. Ensuring any impact to sensitive biological resources, as defined by Section 17.35.030 of
the Chula Vista Municipal Code, is consistent with the goals and policies of the Chun Vista
MSCP Subarea Plan.
15.04.010 Definitions.
The following words and phrases, when used in this chapter, shall be construed as
defined in this section:
"Appurtenant structures" means man-made structures related to and necessitated by the proposed
grading and includes paved drainage ditches, inlet structures, lined channels, culverts, outlet
structures and retaining walls.
"Building pad" means that portion of an embankment and/or excavation contained within an area
bounded by a line five feet outside the foundation footing.
"Building site" means that portion of an embankment and/or excavation containing the building
pad(s) and lying within an area bounded by the top of slopes and/or toe of slopes within the lot or
parcel.
Ordinance No. 3005
Page 8
"Certify" or "certification" means a signed written statement that the specific inspection and
tests, which were required, have been performed and that the works comply with the applicable
requirements oftbis chapter, the plans, and tbe permit.
"Clearing" means tbe cutting of natural vegetation by any means, without disturbance to the soil
and root system.
"Clearing and Grubbing Permit" means a permit issued pursuant to tbis chapter tbat allows
clearing and grubbing that is not in association with otber Land Development Work.
"Compaction" means densification of a soil or rock fill by mechanical or other acceptable
procedures.
"Contractor" means a contractor licensed by tbe state to do work covered by this chapter. A
contractor may be authorized to act for a property owner in doing such work.
"Contract, private" means an agreement between a property owner and a qualified contractor to
do land development work.
"Embankment" or "fill" means any act by which eartb, sand, gravel, rock or any other material is
deposited, placed, pushed, dumped, pulled, transported or moved to a new location and tbe
condition resulting tbere from.
"Embankment, uncontrolled" means any embankment constructed as land development on which
no soil testing was performed or no compaction reports or other soil reports were prepared or
submitted.
"Engineer, private" means a civil engineer registered by tbe state. A private engineer may be
authorized to act for a property owner in doing work covered by tbis chapter.
"Engineering Geologist" means a certified engineering geologist, registered by tbe state, who is
engaged in the practice of applying geological principles and data to engineering problems
dealing with naturally occurring rock and soils fox' tbe purpose of assuring tbat geological
factors are recognized and adequately interpreted in engineering practice.
"Erosion" means tbe process by which tbe ground surface is worn away by the action of water or
wind.
"Excavation or cut" means any earth, sand, gravel, rock or any similar material which is cut into,
dug, quarried, uncovered, removed, displaced, relocated or bulldozed by man, and the conditions
resulting there from.
"Grade" means the elevation and cross-sections established for tbe finished surface. All grades
shall be based upon the official datum of tbe city.
Ordinance No. 3005
Page 9
"Grading" means any excavating or filling or combination thereof and shall include the land in
its excavated or filled conditions.
"Grubbing" means the removal of natural vegetation by any means including removal of the root
system.
"Land development permit" means a permit, issued pursuant to this chapter, to conduct Land
Development Work. "Land Development Work" means making of excavations and
embankments on private property and the construction of slopes, drainage structures, fences and
other facilities incidental thereto, where it is necessary to safeguard life, limb, health, property
and public welfare by regulating and controlling the design, construction and quality of
materials. Land development work also includes other associated grading, and clearing and/or
grubbing conducted in preparation for such development.
"Landscape architect" means a landscape architect, registered by the state, who performs
professional work in physical land planning and integrated land development, including the
design of landscape planting programs.
"Landscape manual" means the current "City of Chula Vista Landscape Manual" approved by
resolution of the City Council.
"Minor slope" means a slope four feet or less in vertical dimension in either cut or fill, between
single-family lots and not parallel to any roadway.
"Natural terrain" means the original contour of a site prior to any grading.
"Permittee" means any person to whom a permit is issued pursuant to this chapter.
"Property owner" means the owner, subdivider or developer of real property, which will be
benefited by the proposed land development work.
"Property, public" means property owned in fee by the City, or dedicated for public use.
"Public improvement" means publicly owned construction, structures or facilities in the public
right-of-way designed for the public use, safety or general welfare.
"Public rights-of-way" means public easements or dedications for streets, alleys and/or other use.
"Rough grading" is the condition where the ground surface approximately conforms to the
design grade, generally within 0.5 feet.
"Slope" means the inclined exposed surface of a fill, excavation or natural terrain.
"Slope, natural" means the predominant slope or slopes of land in its original condition prior to
any grading.
Ordinance No. 3005
Page 10
"Soil engineer" means a civil engineer registered by the state who submits evidence to the
satisfaction of the City Engineer that:
I. He is engaged in the practice of civil engineering and spends a majority of his time in the
field of applied soil mechanics and foundations engineering;
2. He has at least four years of responsible practical experience in the field of applied soil
mechanics;
3. He is qualified to make the investigations and detenninations, render the reports and opinions
and perfonn the duties of a soil engineer as required by this chapter.
All persons meeting the qualifications set forth above shall be recognized by the City Engineer
as qualified to perfonn soil engineering under the provisions of this chapter.
"Soil, expansive" means any soil, which swells more than three percent when prepared and
tested by a method approved by the City Engineer.
"Subdivider" means a person, finn, corporation, partnership or association who causes land to be
divided into one or more subdivisions for himself or others as defined by those sections of the
Government Code known as the Subdivision Map Act.
15.04.015 Pennit required for all land development work and soil investigations.
No person, either as property owner, contractor, private engineer or otherwise, shall do or
shall cause to be done any land development work without first having obtained either a land
development pennit or clearing and grubbing pennit to do such work and having held a pre-
grading or pre-clearing meeting if required by the City Engineer, except as provided in Section
15.04.150 of this Chapter.
Soil investigations by a soils engineer or engineering geologist, which involves trenching
or scarifying of the natural terrain, shall require a pennit. A special investigation fee shall be
paid prior to issuance of such pennit.
15.04.017 Other Required Pennits
Prior to the City's issuance of a land development pennit or clearing and grubbing pennit,
the applicant shall show compliance with a Habitat Loss and Incidental Take (HUT) Pennit
issued pursuant to Chapter 17.35 of the Chula Vista Municipal Code, for areas that contain
sensitive biological resources, as defined by Section 17.35.030 of the Chula Vista Municipal
Code, and are within:
I) development areas outside of Covered Projects, as defined by Section 17.35.030 of
the Chula Vista Municipal Code;
2) 75%-100% Conservation Areas, as defined by Section 17.35.030 of the Chun Vista
Municipal Code; or
3) 100% Conservation Areas, as defined by Section 17.35.030 of the Chula Vista
Municipal Code.
Ordinance No. 3005
Page II
Prior to the City's issuance of a land development permit or clearing and grubbing permit
for areas that contain sensitive biological resources, as defined by Section 17.35.030 ofthe Chula
Vista Municipal Code, and are within the development areas of Covered Projects, as defined by
Section 17.35.030 of the Chula Vista Municipal Code, the applicant shall show compliance with
all applicable provisions of previous project entitlements issued by the City and with any
applicable conditions of coverage listed in the Chula Vista MSCP Subarea Plan, as determined
by the Director of Planning and Building or designee.
Prior to the City's issuance of a land development permit or clearing and grubbing permit
for areas that will result in impacts to wetlands or to listed non-covered species, as defined by
Section 17.35.030 of the Chun Vista Municipal Code, the applicant shall obtain, and show
compliance with, all applicable federal and or state permits.
15.04.020 Compliance with conditions and specifications required - Deviations from standards
permitted when.
Except as herein provided, all land development work shall be done in accordance with
the conditions of the required permit, and shall conform to the approved plans, standard
drawings, specifications, landscape manual, subdivision manual, and general conditions as may
be determined by the City Engineer to be applicable to the work. Such documents are on file in
the office of the City Engineer and shall be kept for public distribution in accordance with fee
schedules in said office. In connection with land development work, deviations from the
requirements of these standards may be permitted by the City Engineer based upon written
reports and recommendations by qualified and recognized authorities subject to review by the
City.
15.04.025 Provisions not to affect other code requirements.
This chapter shall not affect the requirements of any other chapter of this code requiring
permits, fees or other charges, including those for sewer and services, or affect any provisions
concerning the granting of franchises.
15.04.030 Facilities within public rights-of-way - Assignment of costs.
The following provisions of this section shall apply unless provision is made by an
agreement pursuant to Sections 15.04.085 through 15.04.095 of this chapter:
A. The property owner shall pay the City for all the cost of placing, repairing, replacing or
maintaining a city-owned facility within a public right-of-way when the City's facility
has been damaged or has failed as a result of the construction or existence of the
owner's land development work during the process of such work.
B. The costs of placing, replacing or maintaining the city-owned facility shall include the
cost of obtaining a necessary alternate easement
Ordinance No. 3005
Page 12
15.04.035 Commencement and completion of work - Extension of time.
All land development work shall be executed in accordance with the provisions of this
chapter and the terms of the permit issued by the City Engineer. Once commenced, work shall
be carried out diligently until completed. Unless otherwise specified upon the permit, all work
shall be completed within one hundred eighty days from the date of issuance of the permit.
The City Engineer may grant one extension of time for the completion of the work. Such
extension shall not exceed the original length of time designated on the permit.
15.04.040 Slopes - Design requirements generally.
The inclination of each cut or fill surface resulting in a slope shall not be steeper than two
horizontal to one vertical except for minor slopes as herein defined.
All constructed minor slopes shall be designed for proper stability considering both
geological and soil properties. A minor slope may be constructed no steeper than one and one-
half horizontal to one vertical (1.5:1) contingent upon:
A. Submission of reports by both a soils engineer and a certified engineering geologist
containing the results of surface and subsurface exploration and analysis. These results
should be sufficient for the soils engineer and engineering geologist to certify that in their
professional opinion the underlying bedrock and soil supporting the slope have strength
characteristics sufficient to provide a stable slope and will not pose a danger to persons or
property, and
B. The installation of an approved special slope planting program and irrigation system.
15.04.045 Building pads - Design requirements.
All building pads and building sites shall drain to an approved drainage facility unless
otherwise approved by the City Engineer.
15.04.050 Embankment requirements - Soil engineer may be required.
A. Unless otherwise specified on the permit, all embankments for land development work
shall be compacted in conformance with the provisions of the standard specifications.
The permit may require that an engineering geologist and/or soils engineer, as
appropriate, be responsible for the inspection and testing of the embankment work and
inspection of excavations. The soils engineer and engineering geologist, if one or both are
required by the permit, shall file with the City Engineer reports as required by Sections
15.04.140 and 15.04.270B.
B. Where, in the opinion of the City Engineer, the construction of an uncontrolled
embankment would not be contrary to the public interest or welfare; a permit for such
land development work may be issued in accordance with Section 15.04.285. Plans for
uncontrolled embankment shall be complete in all respects except for soil analysis and
compaction requirements. Uncontrolled embankment slopes shall not be steeper than
three horizontal to one vertical.
Ordinance No. 3005
Page 13
15.04.055 Expansive soil grading requirements.
If, during the land development work, expansive soil is found within two feet in cut
or three feet in fill of the finished grade of any area intended or designed as the location
for a building, the permittee shall cause such expansive soil to be removed ITom such
building area to a minimum depth of two feet in cut or three feet in fill and replaced
with non-expansive soil properly compacted; provided, however, the City Engineer
may, upon receipt of a report by a soils engineer certifying that he has investigated the
property and recommending a design or footings or floor slab or other procedure that in his
opinion will alleviate any problem created by such expansive soil, waive the requirement
that such expansive soil be removed and replaced with non-expansive soil.
15.04.060 Landscaping and irrigation system.
All cut and fill slopes shall be planted and irrigated in accordance with an approved plan.
Said plan shall be prepared in accordance with the city landscape manual and shall be
approved by the City Landscape Architect, and the Director of Planning and Building or
designee, as necessary.
15.04.065 Slopes - Tops and toes to be rounded.
The tops and toes of all major slopes in public view shall be rounded III accordance
with the city standard drawings.
15.04.070 Slopes - Blending into existing terrain.
All man-made slopes shall be blended into existing terrain to produce a natural-appearing
transition ITom the face of man-made slopes into natural ground. This blending shall be
accomplished in accordance with City of Chula Vista Standard Drawings. Undulating top and
toe of slopes and variable slope ratios should be used to achieve natural-appearing slopes.
15.04.075 Slopes-Horizontal slope rounding.
Rounding shall be accomplished in accordance with the City of Chula Vista Standard
Drawings.
15.04.080 Preservation of existing monuments.
All existing survey monuments shall be shown on the grading plan. Evidence indicating
that arrangements have been made for the preservation and/or relocation of existing monuments
shall be submitted to the City Engineer prior to issuance of a land development permit.
15.04.085 Work in conjunction with subdivision of property - Requirements generally.
A subdivider of land required to do land development work as the result or condition of
the approval of the tentative map shall perform such work under one ofthe following procedures,
as set forth in Sections 15.04.090 and 15.04.095.
Ordinance No. 3005
Page 14
15.04.090 Work in conjunction with subdivision of property - Standard land development
permit - Requirements.
Should the subdivider desire to do certain land development work prior to entering into
contract with the City to install and complete all subdivision and land development work, he may
make application to do so under a standard land development permit or clearing and
grubbing permit, if the land development work is limited to clearing and grubbing
only. This application shall be accompanied by detailed plans and specifications
based upon the approved tentative map and in conformity with the provisions of
Sections 15.04.017 and 15.04.040 through 15.04.075 of this chapter. A schedule and estimate
based upon such plans and specifications shall accompany the application.
15.04.095 Work in conjunction with subdivision of property - Contract for completion of
improvements - Requirements-Bonds.
A. Should the subdivider desire to do certain land development work in conjunction and
concurrently with installation and construction of required public improvements, he may
enter into a contract with the City to make, install and complete all improvements and
land developments in accordance with approved plans and specifications.
B. Prior to any construction of improvements and/or land development work, the subdivider
shall have complied with and performed the following requirements:
I. Subdivider shall file with the City Clerk detailed plans and specifications (or
statement that work will be accomplished in accordance with standards and
specifications of the city) approved by the City Engineer for all public
improvements and land development together with a detailed cost estimate
approved by the City Engineer and an estimate of time reasonably necessary to
complete the same.
2. Subdivider shall enter into a contract with the City to make, install and complete
within the time fixed by the City Engineer but in no case more than two years
from the date of execution of said contract, all improvements and land
development in accordance with the approved plans, and shall cause to be
filed with the City Clerk a faithful performance bond payable to the City which
shall insure the performance of the contract and the completion of
the improvements and land development work. The subdivider shall
additionally file with the City Clerk a labor and material bond to inure to
the benefit of those persons entitled to the protection of Part III, Title IV, and
Chapter II of the Code of Civil Procedure. A cash deposit or letter of credit may
be submitted in lieu of bonds herein before described. Bonds and other forms of
guarantee shall be in full conformity with the requirements fur subdivision
guarantees as set forth in the subdivision ordinance codified at Title 18 of
this code.
3. The bond or other guarantee shall be based on the City Engineer's estimate of the
cost of the work and in accordance with the following schedule:
a.
Faithful performance bond:
Public improvements
Land development
50% of cost estimate,
50% of cost estimate;
Ordinance No. 3005
Page 15
b.
Labor and material bond:
Public improvements
Land development
50% of cost estimate,
50% of cost estimate.
15.04.100 Building construction - Land development permit required - Prerequisite to building
permit.
A. An owner of land desiring to do land development work incidental to and in connection
with the construction of a building or structure shall present an application and obtain a
land development permit or clearing and grubbing permit. The City Engineer may require
an on-site field inspection of the rough grading phase of the work between representatives
of the City's Engineering, Planning and Building Departments and the permittee, civil
engineer, soils engineer, biologist, as defined by Section 17.35.030 of the Chula Vista
Municipal Code, and engineering geologist, as appropriate, before the issuance of a
building permit. The permittee shall request a field inspection of the rough grading phase,
if required, five working days prior to the inspection. The rough grading phase of the land
development work described on form PW-E-106B shall be completed prior to the issuance
of a building permit except as provided below. The City may suspend any building permit
where it is found that land development work is being done or has been done without a land
development permit or clearing and grubbing permit until a land development permit or
clearing and grubbing permit is issued. The city may not certify to the completion of the
building where land development work has been done until a land development permit is
obtained and certified as complete.
B. Notwithstanding any provisions to the contrary in Subsection A, walls which are designed
and constructed to retain earth and are also integral portions of buildings may be
constructed under building permits concurrently with land development work within the
project site.
15.04.105 Damaged or disused public improvements - Notification-Corrective action required.
The City Engineer shall notify the property owner of such damage or failure as set forth
in Section 15.04.030. The City may withhold certification of the completion of a building or
other permitted work where a notice has been issued.
15.01.110 Public to be protected nom hazards during construction - Fences and barricades
required when.
During the land development work, the contractor and owner shall take all necessary
measures to eliminate any hazard resulting nom the work to the public in its normal use of
public property or right-of-way. Any fences or barricades installed shall be substantially
constructed and shall be properly maintained as long as the hazard resulting nom the work
exists.
Ordinance No. 3005
Page 16
15.04.115 Safety precautions.
If at any stage of the work the City Engineer determines that further land
development work as authorized is likely to endanger any public or private property or result
in the deposition of debris on any public way or interfere with any existing drainage
course, the City Engineer may require, as a condition to allowing the work to be
continued, that such reasonable safety precautions be taken as he considers advisable to
avoid such likelihood of danger. The permittee will be responsible for removing any silt and
debris, deposited upon adjacent and downstream public or private property, resulting from his
grading operations. Silt and debris shall be removed and damage to adjacent and downstream
property repaired, as directed by the City Engineer. Erosion and siltation control may
require temporary or permanent siltation basins, energy dissipaters, or other measures as field
conditions warrant, whether or such measures are a part of approved plans.
15.04.120 Fence specifications - Modification permitted when.
A. Where a slope is created adjacent to a public right-of-way or other publicly used
property, and the top of slope is within ten feet of the property line and the height of the
slope is three feet or greater and steeper than 4: I, a forty-eight inch high fence shall be
erected between property line and the top of slope. The design of said fence shall be
approved by the City Engineer. Publicly used property is that property used frequently by
persons other than the residents.
B. The City Engineer may modify or delete the above requirements where it is evident that
the land development work will present no hazard to the adjacent property or public
right-of-way.
15.04.125 Noncompliance.
A. If, in the course of fulfilling his responsibility under this chapter, the private engineer,
soils engineer or biologist, as defined in Section 17.35.030 of the Chula Vista Municipal
Code, finds that the work is not being done in substantial conformance with this
chapter or the plans approved by the City Engineer or in accordance with accepted
practices, he shall immediately notify the permittee, the person in charge of the land
development work, and the City Engineer, in writing, on the nonconformity and of the
corrective measures which should be taken.
B. In the event the work does not conform to the permit or the plans or specifications or any
instructions of the City Engineer, notice to comply shall be given in writing by the City
Engineer to the permittee. As soon as practical after a notice to comply is given, the
permittee or his contractor shall begin to make the corrections.
C. If the City Engineer finds any existing conditions not as stated in the application, land
development permit, clearing and grubbing permit, or approved plans, he may refuse to
approve work until approval is obtained for a revised grading or clearing and grubbing
plan which will conform to the existing conditions.
Ordinance No. 3005
Page 17
15.04.130 Modification of approved plans.
A. Modifications of the approved grading or clearing and grubbing plan must be in writing
and be approved by the City Engineer and/or his designated representative. All
necessary soils and geological reports shall be submitted with any substantial proposal to
modify the approved grading plan.
B. No land development work in connection with any proposed modifications shall be
permitted without the approval of the City Engineer and/or his designated representative.
15.04.135 Responsibility of permittee - Compliance with plans and requirements.
All permits issued hereunder shall be presumed to include the provision that the
permittee, his agent, contractors and employees, shall carry out the proposed work in
accordance with the approved plans and specifications and in compliance with all the
requirements of the permit and this chapter. The civil engineer shall file a report as specified in
Section 15.04.140.
15.04.140 Completion of work - Final reports.
Upon completion of the work the following reports shall be filed with the City Engineer
unless waived by him:
A. A written statement by the private engineer that all land development work and/or
associated drainage facilities have been completed in conformance with Sections
15.04.165 and 15.04.225.
B. An as-built plan of the completed work prepared by a civil engineer.
C. A final as-built soil engineer's report which shall include a written statement that
inspections and tests were made during the grading, and that in his opinion all
embankments and excavations are in accordance with the provisions of this chapter and
the permit and are acceptable for their intended use. Soil bearing capacity (except where
the City Engineer determines such is inapplicable), summaries of field and laboratory
tests and locations of tests if not previously submitted, and the limits of compacted fill on
an "as-built" plan shall be included in the report. The report shall include reference to the
presence of any expansive soils or other soil problems, which, if not corrected, would
lead to structural defects in buildings constructed on the site. If such report discloses the
presence of such expansive soils or such other soil problems, it shall include
recommended corrective action designed to prevent structural damage to each building
proposed to be constructed upon the site. The final "as-built" report shall also contain a
seepage statement or study as appropriate.
D. A final "as-built" engineering geology report by an engineering geologist based on the
"as-built" plan including specific approval of the grading as affected by geological
factors. Where required by the City Engineer, the report shall include a revised geologic
imp and cross-sections and recommendations regarding building restrictions or
foundation setbacks.
E. A final biology report, if determined necessary by the Director of Planning and Building
or designee, which includes an assessment of the impacts on sensitive biological
resources affected by the land development work.
Ordinance No. 3005
Page 18
15.04.145 Notification of completion.
The permittee shall notifY the City Engineer when the land development work
is ready for final inspection. He shall also notifY the City Landscape Architect and the
Director of Planning and Building, or designee, when planting and irrigation are completed.
Final approval shall not be given until all work, including installation of all drainage
structures and facilities, sprinkler irrigation systems, planting and all protective devices have
been completed and any required planting established and all as-built plans and reports have
been submitted. The City Engineer may accept in writing the completion of all work, or any
portion of the work, required by the permit issued in accordance with this chapter and
thereupon accept said work or portion thereof.
15.04.150 Exemptions from applicability designated.
No person shall do any land development work without first having obtained a Land
Development Permit or Clearing and Grubbing Permit except for the following:
A. The depositing of materials in any disposal area operated or licensed by the City;
B. The making of excavation on any site or contiguous sites held under one ownership, in
which all of the following are characteristic of the work:
I. A cut slope having a maximum steepness of three horizontal to one vertical.
2. A cut having a maximum vertical depth of three feet at any point and a maximum
average depth of eighteen inches.
3. No adverse effect upon an existing drainage pattern.
4. A top of slope no closer than one foot from an exterior boundary line, and
5. The movement ofless than two hundred fifty cubic yards of material;
C. The making of embankment on any site or contiguous sites held under one ownership, in
which all of the following are characteristic of the work:
1. None of the embankment exceeds three feet in vertical depth or has an average
maximum depth in excess of eighteen inches,
2. None of the embankment is placed on existing ground having a slope steeper than
five horizontal to one vertical,
3. Proposed fill slopes are no steeper than three horizontal to one vertical,
4. The embankment does not change or adversely affect the existing drainage pattern,
Ordinance No. 3005
Page 19
5. Adequate provisions are proposed to protect the embankment from erosion,
6. The toe of the embankment is no closer than one and one-half feet to an exterior
property line, and
7. The total volume of embankment does not exceed two hundred fifty cubic yards of
material;
D. Excavation for foundations of buildings, structures, basements, cellars, swimming pools
or basins, which are authorized by appropriate permits obtained from the Planning and
Building Department;
E. Excavation or embankment performed by a governmental agency, franchise holder, or
their contractor incidental to the construction of roadways, pipelines, or utility lines
within their rights of way;
F. Foundations, as referred to herein, shall not be construed to include foundations for
retaining walls, drainage structures, or other structures appurtenant to the land
development;
G. Routine maintenance of omamentallandscaping;
H. Agricultural operations, as defined pursuant to the Chula Vista Municipal Code Section
17.35.030;
1. Maintenance of vegetation in accordance with an approved habitat management plan, or
other such similar plan, if consistent with such plan, and prepared pursuant to the Chula
Vista MSCP Subarea Plan;
1. Maintenance of vegetation in a designated fuel modification zone, consistent with the
Chula Vista MSCP Subarea Plan;
K. Clearing and grubbing in an area located entirely within a mapped Development
Area, as defined by Section 17.35.030 of the Chula Vista Municipal Code, where it has
been demonstrated to the satisfaction of the Director of Planning and Building, or
designee, that no sensitive biological resources, as defined by Section 17.35.030 of the
Chula Vista Municipal Code, exist;
L. Clearing and grubbing entirely located in a development area outside of a Covered
Project, as defined by Section 17.35.030 of the Chula Vista Municipal Code, in an area
that is one acre or less in size, is not part of a larger contiguous clearing and grubbing
project, and does not impact sensitive biological resources, wetlands or listed non-
covered species, as defined by Section 17.35.030 of the Chula Vista Municipal Code.
15.04.155 Contractor - Qualifications required.
Every person doing land development work shall meet such qualifications as may
be determined by the City Engineer and/or Director of Planning and Building to be necessary
to protect the public interest. The City Engineer and/or Director of Planning and Building may
require an application for qualification which shall contain all information necessary to
determine the person's qualifications to do the land development work.
Ordinance No. 3005
Page 20
15.04.160 Work to be performed by licensed contractor.
All land development work shall be performed by a contractor licensed by the state.
15.04.165 Inspection ofland development work - Responsibility therefore.
A. City Engineer. The City Engineer shall be responsible for all inspections of work not
otherwise delegated to some other person. These inspections include, but are not limited
to: drainage facilities, fencing, and compliance with state and city regulations in regard to
the health and safety of the general public.
B. Private Engineer. The private engineer shall be responsible for all surveying work
necessary for proper construction of the grading and drainage facilities. He shall inspect
the site to insure that the embankment and cut slopes are placed at their proper line and
grade. He shall, prior to the release of bonds and surety, provide a written statement that
in his professional opinion, all work incorporated in the grading and drainage plans,
authorized under the grading permit to include grading, drainage, and construction of
appurtenant structures, have been constructed to the lines and grades in substantial
conformance with the approved plans, and any approved revisions thereto.
C. Soil Engineer. The soil engineer shall be responsible for the testing of compaction and
determination of stability of the various slopes. He shall, prior to release of the bond and
surety, provide a written statement that inspections and tests were made by him, or under
his supervision, and that in his professional opinion, all embankments have been
compacted to city standards and in accordance with the earthwork specifications for the
project.
D. Landscape Architect. All landscaping work shall be designed under the supervision of a
landscape architect; however, a registered civil engineer or registered architect may be
responsible for the inspection of all landscaping and irrigation required in accordance
with the grading permit and plans if it is in conjunction with a project he has been
contracted to do. He shall, prior to the release of the bond and surety, provide a written
statement that in his professional opinion all work incorporated in the landscape and
irrigation plans authorized under the permit have been constructed in accordance with the
approved plans and revisions thereto.
E. Biologist. A biologist, as defined by Section 17.35.030 of the Chula Vista Municipal
Code, shall be required to inspect all land development or clearing and grubbing sites
prior to work occurring in areas of sensitive biological resources, as defined by Section
17.35.030 of the Chula Vista Municipal Code, to insure compliance with the permit
issued pursuant to this Chapter. The biologist shall identify areas to be protected with
appropriate staking and fencing, insure that these sensitive biological resources, as
defined by Section 17.35.030 of the Chula Vista Municipal Code, are correctly identified
on the grading or clearing and grubbing plan, anti inspect the staking and fencing after
installation to insure installation according to plan. In addition, the biologist shall conduct
an inspection after the work is completed. Prior to the release of the bond and surety, the
biologist shall provide a written statement that in his/her professional opinion all work
was conducted as authorized under the permit in accordance with approved plans and
revisions thereto.
Ordinance No. 3005
Page 21
F. Prior to the release of building permits for any given lot or lots, the private engineer shall
submit a statement (Form PW-E-106B) as evidence that rough grading for land
development has been completed within standard tolerance in accordance with the
approved plans, and that all embankments and cut slopes and pad sizing are as shown on
the approved plans.
The soils engineer will submit a statement that all embankments, under his direction,
have been completed to an indicated ninety percent relative compaction of dry density.
15.04.170 Transfer of responsibility for approval.
If the private engineer, soil engineer, landscape architect, or engineering geologist, or
biologist, as defined by Section 17.35.030 of the Chula Vista Municipal Code, of record are
changed during the course of the work, the work shall be stopped until the replacement has
agreed to accept the responsibility within the area of their technical competence for approval
upon completion ofthe work.
15.04.175 Plans and reports to be prepared by engineers.
A. Plans for public improvements and land development work authorized under this chapter
shall be prepared by a civil engineer. Where soil or geologic reports or soils and geologic
investigations are required, the reports and investigations shall be prepared and conducted
by an engineering geologist and/or Soils engineer as appropriate.
B. A seepage statement or study is required as a part of all soils reports. All soils engineering,
geologic, and geologic engineering reports shall consist of a preliminary and a final "as-
built" report. Whenever blasting is to be performed or bedrock is to be exposed, a
seepage study must be performed to determine method of handling excess water
infiltration.
C. Plans prepared for land development work, which includes clearing, and grubbing only,
shall be prepared with input from a biologist.
15.04.180 Private contract performance bond - Required when-Issuance conditions generally.
Persons performing private contract work under a permit issued in accordance with
this chapter shall furnish a bond/bonds or cash deposit or instrument of credit executed by the
owner or his agent, or both, as principal in accordance with the provisions codified in Sections
15.04.180 through 15.04.215.
The performance bond/bonds shall be issued by a surety company authorized to do
business in the state and shall be approved as to form by the City Attorney. The bondlbonds
shall be in favor of the City and shall be conditioned upon the completion, free of liens, of the
work authorized by the permit in accordance with the requirements of this chapter and the
conditions prescribed by the permit. Slope planting and irrigation bond will be separate from
the performance bond requirements for appurtenant structures and grading. They will be
held in the office of the Director of Planning and Building until satisfactory compliance with
landscaping and irrigation has been accepted.
Ordinance No. 3005
Page 22
15.04.185 Private contract performance bond - Conditions-Notice of default - Contents - Effect.
The bond/bonds shall be conditioned upon the payment to the City of any costs incurred
by the City or its agent in completing the required work or performing work necessary to leave
the site in a non-hazardous condition and restoring habitat as may be needed. The
bondfbonds shall be further conditioned upon the payment to the City or its agents in
completing the work required to protect or repair adjacent public or private properties from
damage from work performed under the permit. Whenever the City Engineer finds
that a default has occurred in the performance of any term or condition of work authorized by a
permit, he shall give written notice of such default to the principal and surety of the bond. Such
notice shall state the work remaining to be done, the estimated cost of completion and the
time estimated by the City Engineer to be necessary for the completion of the work. After
the receipt of such notice, the principal or the surety must, within the time specified, either
complete the work satisfactorily or deposit with the City an amount equal to the City Engineer's
estimate of tile completion cost plus an additional sum equal to twenty-five percent of such cost.
15.04.190 Private contract performance bond - Principal or surety liable for cost of completing
work when.
In the event that the principal or surety fails to complete such work within the time
specified in the notice, or fails to deposit the estimated cost plus twenty-five percent with the
City, the City Engineer may cause the required work to be completed. The principal and the
surety shall be liable for the cost of completing such work.
15.04.195 Private contract performance bond - Liability of City for performance of certain work.
If the principal or surety deposits the estimated cost plus twenty-five percent as set forth
in the notice, the City Engineer shall cause the required work to be completed. The unexpended
money shall be returned to the depositor at the completion of such work, together with an
itemized accounting of the cost. The principal and surety shall hold the City blameless from any
liability in connection with the work so performed by the City or contractor employed by the
City. The City shall not be liable in connection with such work other than for the expenditure of
said money.
15.04.200 Private contract performance bond - Cash deposit accepted in lieu when - Default
correction procedure.
In lieu of a bond, the permittee may post cash deposit with the Director of Finance in an
amount equal to the required bond. Notice of default as provided above shall be given to the
principal, and if the default is not corrected within the time specified, the City Engineer should
proceed without delay and without further notice of preceding whatever to use the cash
deposit or any portion of such deposit to complete the required work. The balance, if any, of
such cash deposit shall, upon the completion of the work, be retumed to the depositor or to his
successors or assigns after deducting the cost of the work.
15.04.205 Private contract performance bond - Not required when.
No performance bond under the provisions of this chapter shall be required from the
state, or any of its political subdivisions or any governmental agency.
Ordinance No. 3005
Page 23
15.04.210 Private contract performance bond - Required from certain contractors when -
Exception.
A contractor working for the state or any of its political subdivisions or any governmental
agency shall present a performance bond unless proof is submitted that the work is covered by a
bond inuring to the benefit of the state or agency.
15.04.215 Private contract performance bond - Conditions - Compliance with certain terms and
provisions required.
Every bond or other performance guarantee shall include conditions that the permittee
shall:
A. Comply with all provisions of this chapter;
B. Comply with all terms and conditions of the land development permit or clearing and
grubbing permit;
C. Complete the land development work within the time limit specified III the land
development permit or clearing and grubbing permit.
15.04.220 Private contract performance bond - Method of estimating amount - Schedule.
The amount of the bonds or cash deposits covering a specific job shall be based on the
amount of the estimate submitted by the person doing the work and approved by the City
Engineer and in accordance with the following schedule:
A. Appurtenant structures...lOO% of the estimated cost of retaining walls, drainage facilities
or other grading appurtenances;
B. Grading...25% of the estimated cost. This percentage may be varied by the City Engineer
to fit conditions which are unusual in his opinion;
C. Slope planting and irrigation...100% of the estimated cost of required landscaping and
irrigation facilities;
D. Maintenance oflandscaping...100% of the estimated cost of maintaining landscaping for
the period specified upon the permit;
E. Habitat restoration...100% of the estimated cost of repairing or replacing sensitive
biological resources, as defined by Section 17.35.030 of the Chula Vista Municipal Code,
including short-term maintenance and long-term monitoring (typically five-years), as
specified by a biologist.
Ordinance No. 3005
Page 24
15.04.225 Release of bonds/security.
Bonds and other security shall be released thirty-five days after filing a "Notice of
Completion" with the County Recorder (recorded copy to City Engineer) for improvements
accepted by this City and upon acceptance of completed Form PW-E-106 (Request for Release
of Bonds) submitted by the permittee. This form is available in the office of the City Engineer.
Such form may not be accepted until the end of the maintenance period for the required
landscaping, unless a separate bond is or has been submitted to guarantee maintenance of
landscaping.
15.04.230 City Engineer - Enforcement responsibility and permit issuance authority.
The City Engineer shall enforce the provisions of this chapter. He shall, upon
application by qualified persons, issue permits in connection with land development work when
all applicable conditions established by this chapter for such permits have been met.
15.04.235 City Engineer - Powers and duties generally.
The City Engineer shall cause land development work being done without a permit to be
stopped until a permit has been obtained. He may require that such work done without a permit
be removed or corrected, including habitat restoration, at the expense of the responsible person.
Where land development work involves an embankment improperly constructed or constructed
without adequate testing, he shall cause such embankment to be reconstructed or, in lieu thereof,
shall cause a declaration of improper land development to be recorded in the office of the County
Recorder. He shall have work done in connection with land development to insure compliance
with the provisions of this chapter and shall release the bond when such work is properly
completed.
15.04.240 City Engineer - Authority to determine applicable fees.
The City Engineer shall determine the fees applicable under the provisions of this
chapter.
15.04.245 City Engineer - Duty to consider certain recommendations and deny certain
applications.
When the nature of the work requested is such that it comes within the requirements of,
or affects the operation of any other department of the City, the City Engineer shall obtain and
consider the recommendations of applicable City departments in determining the disposition of
the application. He shall deny applications which are not in the interest of the public health,
safety or general welfare, or do not constitute a reasonable use of land as indicated by the
existing zoning or an approved land use plan.
Ordinance No. 3005
Page 25
15.04.250 City Engineer - Grounds for canceling permit or amending plans.
The City Engineer may cancel a permit or may require the plans to be amended when it is
in the interest of public health, safety and welfare and under any of the following:
A. Upon the request ofthe permittee;
B. When the facts are not as presented by the permittee in application;
C. When work as constructed or as proposed to be constructed creates a hazard to public
health, safety and welfare.
15.04.255 Appeals - Authorized when - Determination authority.
An applicant may appeal the City Engineer's denial of, or the conditions of approval of,
an application for a land development or clearing and grubbing permit to the City Council.
15.04.260 Appeals - Time limit for filing - Form.
The applicant for a permit issued pursuant to this chapter, or the permittee, may appeal
to the City Council from any decision of the City Engineer within ten working days after said
decision. Appeals shall be in writing and shall state the specific nature of the appeal. Appeals
shall be filed with the City Clerk.
15.04.265 Permits - Application - Procedure generally - Detail plan required.
Applications for permits authorizing land development work shall be made
in accordance with procedures established by the City Engineer. Applications shall be
accompanied by such detailed plans, specifications and schedules as listed in the
subdivision manual, landscape manual, and as otherwise required by the City Engineer. See
Sections 15.04.290 and 15.04.295 of this chapter regarding fees.
15.04.270 Permits - Application - Detail plans and specifications required.
A. Detailed plans and specifications for land development work shall include, but not be
limited to:
I. Those requirements listed in the subdivision manual;
2. A vicinity sketch or other data adequately indicating the site location;
3. A plot plan showing the location of the land development boundaries, lot lines, and
public and private rights-of-way lines;
4. A contour map showing the present contours of the land and the proposed contours or
grid elevations. Contours will extend beyond the limits of grading at least one
hundred feet;
Ordinance No. 3005
Page 26
5. The location of any buildings or structures within the land development boundaries,
and the location of any building or structure on adjacent property which is within
fifteen feet of the land development boundary;
6. Typical sections showing details concerning proposed cut and fill slopes;
7. Adequate plans of all drainage devices, walk or other protective devices to be
constructed in connection with, or as a result of the proposed work, together with a
map showing the drainage area of land tributary to the site and the estimated runoff of
the area served by any drainage facilities and devices;
8. An estimate of the quantity of excavation and fill involved, quantities relative to
construction of appurtenant structures, estimate of cost and estimated starting and
completion dates;
9. A landscape and irrigation plan indicating the total landscaped square footage, plant
quantity, spacing, type and location and the layout of the irrigation system, and an
estimate of cost of the landscaping and irrigation facilities.
10. A map, prepared by a biologist, as defined by Section 17.35.030 of the Chula Vista
Municipal Code, illustrating the proposed land development work relative to sensitive
biological resources in compliance with the applicable Habitat Loss and Incidental
Take Permit issued pursuant to Chapter 17.35 of the Chula Vista Municipal Code.
11. An erosion control plan as may be required by the City Engineer or the Director of
Planning and Building.
B. A soils investigation may be required to correlate surface and subsurface conditions with
the proposed land development plan. The results of the investigation shall be presented in
a soils report by a soils engineer which shall include, but not be limited to location of
faults; data regarding the nature, distribution, and strength of existing soils and rock on
the site; the soils engineer's conclusion; recommendations for grading requirements,
including the correction of weak or unstable soil conditions and treatment of any
expansive soils that may be present; and his opinion as to the adequacy of building sites
to be developed by the proposed land development operations. The soils engineer shall
provide an engineering geology report by an engineering geologist when required by the
City Engineer. A seepage statement or a study is required as a part of all soil reports.
Whenever blasting is to be performed or bedrock is to be exposed, a seepage study must
be performed to determine method of handling excess water infiltration.
C. The City Engineer may require other data or information as he deems necessary. He may
eliminate or modify any of these requirements where, in his opinion, they will serve no
practical propose.
15.04.275 Permits-Issuance-Prerequisites and contents.
The City Engineer shall issue permits for land development work upon approval of
applications, plans, receipt of the prescribed fees and bonds and receipt of letters from the
private engineer, soils engineer, engineering geologist, landscape architect, biologist, and
others as required by the City Engineer, that they have been retained by the permittee to perform
the work specified in Section 15.04.165. The permits shall include, or refer to, the conditions,
plans and specifications, which shall govern the work authorized.
J
Ordinance No. 3005
Page 27
15.04.280 Investigations authorized and required when - Fee.
The City Engineer may require the payment of the prescribed fees for special
investigations when the proposed work or inquiries necessitate that special work be performed
by the City. Special investigations shall include all requests for time extensions or variance
requests and shall be accompanied by the special investigation fee.
15.04.285 Agreement required for uncontrolled embankments - Additional specifications.
A. Applications for land development permits involving uncontrolled embankment shall be
accompanied by an agreement signed by the property owner. The agreement shall be
prepared by the City Engineer and shall contain the following provisions and such other
provisions as may in the opinion of the City Engineer afford protection to the property
owner and City:
I. The land development work shall be designated as uncontrolled embankment and
shall be constructed in accordance with plans approved by the City Engineer.
2. The owner acknowledges that as an uncontrolled embankment, the site is not
eligible for a building permit unless special soils analysis and foundation design are
submitted.
3. The land development work shall be done and maintained in a safe and sanitary
manner at the sole cost, risk and responsibility of the owner and his successors in
interest, who shall hold the City harmless with respect thereto.
B. The agreement for uncontrolled embankment shall be approved by the City Council and
recorded by the City Clerk in the Office of the County Recorder as an obligation upon the
land involved. The notice shall remain in effect until release of the agreement is filed by
the City Engineer.
15.04.290 Fees - Collection - Method of estimation - Verification - Payment required -
Exemptions.
A. Fees required by this chapter shall be collected by the City Engineer and deposited with
the Director of Finance. Such fees shall be as presently designated, or as may in the
future be amended, in the master fee schedule.
B. No permit shall be issued, and no land development work shall be permitted until the City
Engineer has received the fees applicable under this chapter.
C. The state or any of its political subdivisions or any governmental agency shall file
applications for permits and shall be issued permits as required by this chapter. No fees
shall be required when the work is done by persons working directly for the state or
agency.
Ordinance No. 3005
Page 28
D. The City Manager, or Iris designee, may authorize, without advance appropriation, the
refund of fees required by this Chapter to be collected, or such portion of the fees deemed
appropriate for refund by the City Manager (net of costs incurred by the City in
processing the permit application or unless the City has used the fees to construct
facilities for a development for which the fees were paid), if the City Manager finds that
the permit for which they were collected has been revoked, surrendered or terminated
without use by the permittee and the refund is less than $100,000. All other refunds shall
be authorized by the City Council.
15.04.295 Fees - Schedule for computation.
Fees shall be as presently designated, or as may in the future be amended, in the master
fee schedule.
15.04.305 Fees - To be doubled in certain cases - Effect of imposition.
In the event that land development work is commenced without a land
development or clearing and grubbing permit, the City Engineer shall cause such work to be
stopped until a permit is obtained. The permit fee, in such instance, shall then be the normally
required permit fee, plus $500. The payment of the increased permit fees shall not relieve any
person from fully complying with the requirements of this chapter in the performance of the
work. Such fee shall defray the expense of enforcement of the provisions of this chapter in such
cases.
When land development work commences without a permit and results in damage
to sensitive biological resources, as defined by Section 17.35.030 of the Chula Vista
Municipal Code, restoration requirements (including maintenance and monitoring) shall be
imposed at the sole discretion of the Director of Planning and Building and the full cost of the
restoration shall be borne by the property owner.
When land development work is inconsistent with a permit issued pursuant to
Chapter 17.35 of the Chula Vista Municipal Code and results in damage to sensitive
biological resources, as defined by Section 17.35.030 of the Chula Vista Municipal Code,
restoration requirements (including maintenance and monitoring) shall be imposed at the
sole discretion of the Director of Planning and Building and the full cost of the restoration shall
be borne by the property owner. The payment of such fees or penalties as described above shall
not prevent the imposition of any penalty prescribed or imposed by this chapter, Chapter
1.41, or other federal or state law.
15.04.310 Violations - Declared unlawful and public nuisance - Abatement authority.
Any land development work commenced, done, maintained or allowed contrary to
the provisions of this chapter, shall be, and the same is hereby declared to be, unlawful and a
public nuisance. Upon order of the City Council. Or upon the determination of the City
Manager or the City Attorney, necessary proceedings for the abatement, removal and/or
enjoinment of any such public nuisance shall be commenced in the manner provided by
law. Alternatively the procedures to abate under Chapter 1.30 may be used. Any failure, refusal,
or neglect by a responsible party to obtain a permit as required by this chapter shall be prima
facie evidence of the fact that a public nuisance has been committed in connection with any land
development work commenced or done contrary to the provisions of this chapter.
.,
Ordinance No. 3005
Page 29
15.04.315 Abatement of dangerous conditions.
Where the City Engineer determines that land development work has created a danger to
public or private property or has resulted in the deposition of debris on any public way or
interferes with any existing drainage course, the City Engineer shall serve written notice on the
property owner, describing the condition and requiring that the properly owner abate the
dangerous condition within ten days after the notice is received. If the property owner fails to so
abate the condition, the City Engineer may do so, in which event the property owner shall be
liable for all costs of such abatement, including but not limited to reasonable attorney fees. The
expenses of abatement shall be a lien against the property on which it is maintained and a
personal obligation against the property owner.
15.04.320 Emergency abatement by City - Liability for costs.
If it appears to the City Engineer that an emergency exists because land development
work has resulted in a danger to public or private property, then, without following the procedure
established by Section 15.04.315, the City Engineer may order all work necessary to remove,
abate or mitigate the condition creating such emergency. The City Engineer may do the work
with his own employees or may contract to have the work done; in either event, the City
Engineer shall keep a record of the costs of the work and charge the cost of the work to the
property owner who shall repay the City for the cost thereof.
15.04.325 Costs of abatement - Special assessment procedure - Statutory authority.
The costs of abating a dangerous condition within the meaning of this chapter shall be
imposed as a special assessment against the land on which such abatement was done. Costs and
assessment procedures will be in accordance with Chapters 1.40 and 1.41. The property owner
may raise and the City Manager shall consider, as a complete or partial defense to the imposition
of the assessment, questions as to the necessity of the abatement and the means in which it was
accomplished. Pursuant to Government Code 38773.5 abatement costs shall be transmitted to the
tax collector for collection. This assessment shall have the same priority as other city taxes.
15.04.330 Conflicts
Except for exempt projects, if a conflict occurs between this Chapter and Chapter 17.35
ofthe Chula Vista Municipal Code, the stricter regulation shall apply.
Section II. Adoption of this ordinance (Second Reading) is conditioned upon and shall not
occur unless and until the issuance of Take Authorizations from the USFWS and CDFG to the
City of Chula Vista has occurred in a form acceptable to the City.
Section Ill. This ordinance shall take effect and be in force on the thirtieth day from and after
the adoption of the ordinance (Second Reading) which shall occur as stated above.
Presented by
Approved as to form by
Q- "7'l./l/lYi9"-"-
Ann oore
City Attorney
Ordinance No. 3005
Page 30
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 10th day of May, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
Davis
ATTEST:
-~ ~ ~'~.J.s-..
Susan Bigelow, MMC, City CI k
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3005 had its first reading at a regular meeting held on the 13th day of May, 2003
and its second reading and adoption at a regular meeting of said City Council held on the 10th
day of May, 2005.
Executed this 10th day of May, 2005.
: =4..u.~-~~ ()F).
Susan Bigelow, MMC, City CI
)